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1992 PTD 390

COMMISSIONER OF INCOME-TAX vs LUXMI DEW SUGAR MILLS P. LTD

Citation1992 PTD 390
CourtSupreme Court of India
Case No.Civil Appeals Nos.782 and 783 (NT) of 1976
Date1990-09-14
Judge(s)Kuldip Singh, K Jaganatha Shetty, Kn. Singh
ResultAppeals dismissed

ORDER

1. ' The following question arises in the present appeals: "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in disallowing the interest of Rs,46,510 and Rs,52,429 payable under the U.P. Sugarcane Purchase Tax Act, 1961, for the assessee's failure to pay the cane cess and purchase tax for the assessment years 1969-70 and 1970-71, respectively?"

2. ' The aforesaid question was answered by the High Court in favour of the assessee and against the Revenue. The view taken by the High Court is squarely covered by the decision of this Court in Mahalakshmi Sugar Mills Co. v. C.I.T. (1980) 123 ITR 429. The appeals fail and are, accordingly, dismissed. There will be no order as to costs.

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